[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR21.15]

[Page 203]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 21--ADMINISTRATIVE OFFSET--Table of Contents
 
Sec. 21.15  Administrative offset against amounts payable from Civil Service Retirement and Disability Fund.

    (a) Unless otherwise prohibited by law, the Department may request 
that monies which are due and payable to a debtor from the Civil Service 
Retirement and Disability Fund be administratively offset in reasonable 
amounts in order to collect debts owed to the United States by the 
debtor. Such requests shall be made by the Departmental unit workout 
officials to the appropriate officials of the Office of Personnel 
Management (OPM) in accordance with their regulations and procedures.
    (b) When making a request for administrative offset under paragraph 
(a) of the section, the responsible workout group debt collection 
official shall include a written certification that:
    (1) The debtor owes the United States a debt, including the amount 
and basis for the debt;
    (2) The Department has complied with all applicable statutes, 
regulations, and procedures of the Office of Personnel Management; and
    (3) The Department has complied with the requirements of the 
applicable provisions of the Federal Claims Collection Standards and 
these regulations, including any required hearing or review.
    (c) If a Departmental unit workout group decides to request 
administrative offset under paragraph (a) of this section, the 
responsible debt collection official should make the request as soon as 
practical after completion of the applicable due process procedures so 
the Office of Personnel Management may identify and ``flag'' the 
debtor's account in anticipation of the time when the debtor becomes 
eligible and requests to receive payments from the fund. This will 
satisfy any requirement that offset be initiated prior to expiration of 
the applicable statute of limitations. At such time as the debtor makes 
a claim for payments from the fund, and if at least a year has elapsed 
since the administrative offset request was originally made, the debtor 
should be permitted to offer a satisfactory repayment plan in lieu of 
offset upon establishing to the appropriate Departmental unit head (or 
designee) that changed financial circumstances would render the offset 
unjust.
    (d) If the Department collects part or all of the debt by other 
means before deductions are made or completed under paragraph (a) of 
this section, the Department official responsible for collecting the 
debt will act promptly to modify or terminate the agency's request for 
administrative offset under paragraph (a) of this section.
    (e) In accordance with procedures established by the Office of 
Personnel Management, the Department may request an offset from the 
Civil Service Retirement and Disability Fund prior to completion of due 
process procedures.